News & Analysis

The Fast Food Workers Committee (FFWC), represented by LR’s Micah Wissinger and Gwynne A. Wilcox, earned a major win in their fight on behalf of fast food workers nationally. FFWC alleged, in charges with the National Labor Relations Board, that Domino’s Pizza was forcing employees to sign an agreement to arbitrate all potential work-related complaints on an individual basis, in violation of their rights to concerted action under the National Labor Relations Act. In December 2015, the NLRB ruled that Domino’s had in fact violated the law by maintaining an arbitration agreement that required employees, as a condition of employment, to waive their rights to pursue class or collective actions involving employment-related claims in all forums, whether arbitral or judicial. This decision affirmed Administrative Law Judge Mindy E. Landow’s March 27, 2014 ruling.

Domino’s began requiring employees to sign the arbitration agreement in November 2009. The agreement included a section stating that “any claim shall be arbitrated only on an individual basis and not on a class, collective, multiple-party, or private attorney general basis.” While the employees were able to opt-out of this agreement, they would have to do so in writing within 30 days of signing it. Domino’s argued that because of the inclusion of an opt-out provision, the arbitration agreement was lawful. The Board rejected that argument. As a result, Domino’s must now cease from maintaining any arbitration agreement “that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums.”